Woman charged in double-fatality crash

Could get up to year in jail

May 17, 2013

A memorial sits at the site on West Bypass on Thursday, May 24th where two people were killed in an accident on Saturday afternoon. Gary Zenger, 56, and Denise Zenger, 62, were killed when their Harley-Davidson motorcycle, driven by Gary, was struck head-on by an SUV at about 1:14 p.m., according to a news release from police. / Nathan Papes/News-Leader

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Nearly a year after a Bois D’Arc couple died in a six-vehicle pileup on West Bypass, the driver whose lane change started the chain reaction has been charged with a misdemeanor traffic violation.

Tammi L. Thompson, 28, of Ash Grove, has been charged with the offense stemming from the May 19, 2012 crash.

Prosecutors considered felony charges in the case, including involuntary manslaughter, but opted for the misdemeanor.

“We filed what we believe to be the appropriate charge in this case,” said Todd Myers, assistant prosecutor for Greene County.

Myers added that the range of punishment for the violation has been elevated because the alleged crime caused an accident. That means Thompson could get up to one year in jail if convicted.

For divided streets like West Bypass, Missouri law requires drivers to stay within a single lane and not change lanes until “the driver has first ascertained that such movement can be made with safety.”

Myers said prosecutors seeking an involuntary manslaughter conviction must prove that a defendant knew or should have known his or her conduct was a threat to the lives of others.

The charge is often used in fatal crashes in which the offending driver is drunk.

Authorities do not believe Thompson was intoxicated.

Missouri does not have a felony vehicular manslaughter charge or an option to further increase penalties for misdemeanor traffic violations that result in fatalities, Myers said.

According to court documents filed this week, Thompson was driving northbound on West Bypass in the inside lane.

She changed lanes, causing another vehicle to slow. Thompson then accelerated and came upon another vehicle, according to the documents.

She attempted to change back into the inside lane when her vehicle struck another vehicle being driven by Paul Lee, according to the documents.

Lee’s vehicle then left the inside lane, crossed the median and entered the southbound lanes, according to the documents.

Gary Zenger, 56, and his wife, Denice, 62, were southbound on a Harley Davidson motorcycle and were hit head-on by Lee’s SUV.

Both were killed.

Months after the crash, family members filed suit against Thompson, Lee, and Lee’s girlfriend who loaned Lee the uninsured vehicle that ultimately struck the Zengers, said Springfield attorney David Ransin.

Ransin, who represents the Zengers’ son and daughter, as well as Gary Zenger’s mother, said the family has settled with insurance companies for $700,000.